Torts (Personal Injury Law)
Torts (Personal Injury Law)
Land Possessor Liability in the Third Restatement of Torts: Too Much and Too Little (to appear in Wake Forest L. Rev. 2009)
Cases in Vaccine Court — Legal Battles Over Vaccines and Autism, 357:13 New England Journal of Medicine 1275 (Septermber 27, 2007) The “Necessity” Defense and the Failure of Tort Theory: The Case Against Strict Liability for Damages Caused While Exercising Self-Help in an Emergency, 2005 Issues in Legal Scholarship 1-153 The Berkeley Electronic Press c 2005 Legal Sting of Pain and Suffering: June 5, 2005 Los Angleles Times Pain and Suffering: Comparative Law Perspective (55 DePaul Law Review, 399 (2005 Clifford Symposium))
Tort Reform Through Damages Law Reform (an essay in honor of Harold Luntz), 27 Sydney Law Review 507 (2005 )
Ideological Flip-Flop: American Liberals Are Now the Primary Supporters of Tort Law (from Essays on Tort, Insurance, Law and Society in Honour of Bill W. Dufwa, Volume II, at 1105 (2006))
Presenting the Fleming Award to Justice Allen Linden , 33 Pepp. L. Rev. 925 (2006)
Precise Justice and Rough Justice: Scientific Causation in Civil Litigation as Compared with Administrative Compensation Plans and Mass Tort Settlements (2004) Torts Stories (edited by Rabin and Sugarman, Foundation Press 2003)Vincent v. Lake Erie: Liability for Harm Caused by Necessity (from Torts Stories, Rabin and Sugarman eds. Foundation Press, 2003) (word version)
Review of “Alternative Compensation Mechanism for Damages – The Nordic Countries” , 51 Am J. Comp. L. 205 (2003)
US Tort Reform Wars (published in University of New South Wales Law Journal December 2002)
A New Approach to Tort Doctrine: Taking the Best from the Civil Law and Common Law of Canada (published in “Joy of Torts” 17 Supreme Court Law Review 375, honoring Justice Allen Linden 2002)
Visions of A Restatement (Fourth) of Torts , 50 UCLA Law Review 585, 2002)
A Century of Change in Personal Injury Law , 88 California Law Review 2403 (2000)
Judges as Tort Law Un-Makers: Recent California Experience with “New” Torts , 49 DePaul Law Review 455 (1999)
Personal Injury and Social Policy — Institutional and Ideological Alternatives (published in “Torts Tomorrow: A Tribute to John Fleming,” N. Mullany and A. Linden, eds. The Law Book Company, 1998)
The Importance of Civil Procedure in the American Legal System (Delivered in Kyoto Japan, September, 1998) (published in Japanese in Amerika Ho, Japanese American Society for Legal Studies 1999)
Assumption of Risk (the 1997 Monsanto Lecture) 31 Valparaiso University Law Review 833 (1997)
Should Congress Engage in Tort Reform? , 1 Michigan Law and Policy Review 121 (1996)
Beyond Compensation: Proposals for Reform , 15 Hawaii L Rev 659 (1993)
A Restatement of Torts (essay review of the ALI project on Enterprise Liability) 44 Stanford Law Review 1163 (1992)
Doctor No (essay review of “Medical Malpractice on Trial” by Paul Weiler) 58 University of Chicago Law Review 1499 (1991)
California’s Insurance Revolution: The First Two Years of Proposition 103 , 27 San Diego Law Review 683 (1990)
Claims Not Courts for Injuries: Lawsuits Too Often Breed Waste, Chaos, and Anger , Los Angeles Times, August 28, 1989
Review of Huber’s “Liability” 75 ABA J. 130 (1989)
Review of Jenkins’ “The Litigators” 75 ABA J. 114 (1989)
Review of Neely’s “The Product Liability Mess” 74 ABA J. 115 (1988)
Review of Litan and Winston’s “Liability: Perspectives and Policy” 74 ABA J.128 (1988)
A Regulated Market in Unmatured Tort Claims: Tort Reform by Contract (with Robert Cooter), 37 Proceedings of the Academy of Political Science 174 (1988)
Tort Law Reform , 24 San Diego Law Review 795 (1987)
Taking Advantage of the Torts Crisis , 48 Ohio State Law Journal 329 (1987)
Right and Wrong Ways of Doing Away with Commerical Air Crash Litigation , 52 J. Air Law and Commerce 681 (1986)
Doing Away with Tort Law 73 California Law Review 555 (1985), later expanded as “Doing Away with Personal Injury Law” (1989 Quorum Books, Greenwood Publishing)